Lou Nuer Community By-Law

Constitution By-Laws of Lou Nuer Community Development International Inc

PREAMBLE:

The people of Lou Nuer Community, sons and daughters of Loah, Dinaay Geakah, (Nei ti naath in South Sudan) are here to design and honored this Draft By-Law of the Lou Nuer Community.

The Name of Corporation: The Name of the Corporation shall be Lou Nuer Community Development International Inc:

ARTICLE 1: PURPOSE OF ORGANIZATION

Section 1. The principal purpose of the Lou Nuer Community is to encourage for peace and development in Lou Nuer and sourrounding Neigboring societies. Promotes fresh construction of education and health facilities in the Lou Nuer area, and provide the general welfare and services assistance to its members in Diaspora as well as back in South Sudan.


ARTICLE 2: MEMBERSHIP AND RULES

Section 1 (A): Protection of the name of organization: Any group of three or more people who form any organization using the name of Lou Nuer Community in North America, (including U.S and Canada) East Africa, (including ETHIOPIA, KENYA, UGANDA, and SUDAN) or any where in the world where the Lou Nuer Community is operate therein, without consent of this community, is a violation of this Constitution By-Law. Such group whether they are none or members of this community shall be questioning by the law of such country, and their organization is subjected to immediate closure.

1 (B) Any active member(s) who create any political party or other form of organization within or outside of this community, whether in support or against Lou Nuer community, and without consent or approval from this community is a violation of this Constitution By-Law. Such party or organization shall be close immediately.

Section 2 . The membership of Lou Nuer Community; shall consist of any person or persons interested in the Purpose or objectives of the Community. All men & women young or older lives within or outside of the United States of America shall qualify for a membership in this Community, as long as such a person is interesting in the Community objectives.

Section 3 . Evidence of Membership. Membership shall be evidenced by the inclusion of the Member's name, and residence address in a list of members to be maintained under the record of the Lou Nuer Community. In addition, the Board of Directors may authorize the issuing of a Certificate of membership to each member.

Section 4 . Dues and fees. Lou Nuer Community shall levy any dues fees, or assessments against any member as specified by these by-laws or by a majority vote of the general assembly, and the Board of Directors. The fee is $120 US dollars from each member, unless specified by law; this payment is due within 365 days of each year. Non-payment may cause the member to be expelled.

Section 5 . Adjustment of Membership Payment: All members are required to make their payment as categorized. (1) All single members, men and women worked full-time, shall pay $120 dollars each. (2) Both husband and wife who worked full-time shall pay $160. (3) A full-time student who only works part time shall pay $60 dollars, and the one who doesn't work might pay $30. (4) All children aged 2 to18 shall pay only $10 dollars multiply by the number of children from each family. (5) All old people aged 60 and up who receive social security benefit shall pay $60 dollars, and all other members' payments shall be determined by the board of directors.

Section 6 .Reason To Contribute Fees : Each member shall contributes such a membership amount for the reason of future development in Lou Nuer areas. Membership money is untouchable; no person or persons, whether a president, Secretary, Treasurer, any one of the Board of Directors, Executive Committee, or members shall have a power to withdraw membership money from the account, unless determined by these By-laws, the Article of Incorporation, or the majority of the general assembly. Once the money reaches the level required for the development; all active members shall discuss and decide what kind of development they want to spend their money with.

Section 7 . Emergency Contributions: There shall be an emergency contribution beside membership, to be requested from each member. Such emergency contribution might occur at any time during the year session. A member might contribute once or more, depending on the numbers of incidences presented each year.

Section 8 . Conditions of membership : Lou Nuer Community members are considered to serve this community for their lifetime. Any member, who withdraw his or her membership, will automatically forfeit or loss all rights and privileges and the benefits or any share of community profits from the time of withdrawal. Any member who loss his or her membership for such a period and wants to reactivate his or her membership shall pay a $60 dollars registration fee plus $120 membership fees, a total of $180 Multiply by the number of years he or she spend out of the community. Any member who withdraws his or her membership for any reason shall not claim anything back from the community.

Section 9 . Rights of membership: All members of Lou Nuer Community shall have an equal rights; 1.a right to talk, 2. right to run for any position in the community, and 3. a right to withdraw the membership. A member might also consider the conditions mentioned in these By-laws for each right.

Section 10 . Termination of Membership: A membership may be terminated when (a) A member fails to comply with Community’s By-law. (b) Resignation (c) Death (d) Dismissal, or as mentioned in section 8 of this article.

Section 11. Fees at the Conference : All Lou Nuer Community members are required to make their membership payment before the end of twelve months period. If a member fail to make his or her payment within 365 days of each year, such a member shall pay his or her fees before entering into the conference hall. No accepting, all members who paid only half or quarter of their membership fees, will be charge for a full amount prior to the entry of the Conference room.

Section 12: Funds Raising: It is the duty of all members to raise money for party. At every conference of the members of the Lou Nuer Community, each member is required to bring $50 dollars with him or her. The propose to raise this money is (a) to rent the place of party, (b) to accommodate ourselves in term of food at the time of meeting. (c) to provide gas money to those who travel long distance in cars (e) to provide assistant to those who need it.

ARTICLE 3: ANNUAL MEETING
Section 1 . The annual meeting of the Members of the Lou Nuer Community, for the election of directors or for the transaction of any other business as may be set forth in the notice of the meeting, shall be held each year on the 4th of July at such place within or without any particular State be mentioned. Annual meeting shall be held any where as the Board of Directors shall determine and specify in the notice of the meeting.

Section 2. Special Meetings. Special meetings of the Members shall be called by the President, Vice President, Secretary, or by any one of the Board of Directors, at the consent of three or more Members of the Board of Directors, or at least in request of ten percent (10%) of the active Members of the Lou Nuer Community. Such request shall state the purpose or purposes for which the meeting is to be called and specify the agenda (s). Each special meeting of the Members shall be held any where as the Board of Directors shall determine and specify in the notice of the meeting.

Section 3. Notice of Meetings: Written notice of each meeting of the Members shall be given by website, personally or by first-class mail, not less than 30 or more than 90 days before the date of the meeting to each Member. If mailed, such notice shall be submitted online in the website or be deposited in the United States mail, with first-class postage thereon prepaid, directed to the Member at his or her address as it appears on the record of Members. The notice shall state the place, date, hours of the meeting, and the purpose or purposes for which the meeting is called for.

Section 4. Agenda (s): In all meetings of members of Lou Nuer Community, unless specified by these By-Laws or the Article of Incorporation; all agendas will be discussed accordingly, if in case the agenda is not mentioned in the notice of the meeting, such agenda shall be hold until the next meeting. No accepting, all members shall be aware of the agenda (s) provided to be discussed in each meeting. Violation of this rule shall result in a person given a chance to talk being forced to sit by the meeting conductor.

Section 5. Who to talk in the Meetings: In all meetings, including but not limit to Annual meeting, special meeting, or any meeting of members of the Lou Nuer Community; only an active member shall be allowed to talk in the meetings. New comers and guesses shall be allow to talk as well, but must comply with rules and regulatory of the community. All members shall talk with respect in the meetings; any member who shall not respect others, or who used a direct language or physical force to other member (s) will be placed under a police action.

Section 6 . Meeting by Telephone. Members of the Board of Directors may participate in a meeting of such Board by means of a conference telephone or similar communications equipment allowing all persons participating in the meeting to hear each other at the same time. Participation in a meeting by such means shall constitute presence in person at the meeting.

Section 7. Language (s): Nuer language shall be an official language to be use in all meetings of the members of Lou Nuer Community. An English language shall be use in all office papers works. All other languages shall be used in accordance, and be used with consent of the community members, or as required thereof, and interpret to the members if need be.

Section 8 . Voting: Each Member in a good standard shall be entitled at every meeting of Members to one vote on all matters appropriate for consideration by the cos Membership. Stealing a vote will result in member’s voting being rejected from the vote cast by electoral committee.

Section 9 . Annual Reports: The Board of Directors shall present at each annual meeting of the Membership a report, verified by the President and the Treasurer or by a majority of the Board of directors, showing in appropriate detail the followings:
(a) The assets and liabilities, including the funds of the Lou Nuer Community at the end of the twelfth month fiscal period.

(b) The principal changes in assets and liabilities, including trust funds, during such fiscal period.

(c) The verification of all kinds of receipts of the community, during such fiscal period.

(d) The expenses or disbursements of the community, for both general and emergency purposes, during such fiscal period.

(e) The number of members of the community as of the date of the report, together with a statement of increase or decrease in such number during such fiscal period, and a statement of the place where the names and places of residence of the current Members may be found. Such report shall be filed with the records of the Lou Nuer Community and a copy or an abstract, thereof, shall be entered in the minutes of the proceedings of the annual meeting at which the report is presented.

ARTICLE 4: COMMITTEE AND THE BOARD.

Section 1. The Community Head Office: The Lou Nuer Community shall have two separate offices, which consist of the Board of Directors, and the Executive Committee. The Board of Director shall be the head of the community office, while the Executive Committee office, operated under the authority of the Board of Directors.

Section 2 . Designation of Committees: The Board of Directors shall designate from among its members an Executive Committee body; this may consist of State Representatives, and all others who might be chose among the existing members of the Lou Nuer Community. Three or more shall be designated as the committee directors. One to be chairperson, and the rest of directors be designed as alternate members of such Executive committee, who may replace any absent member or members at any meeting of such committee. In the interim between meetings of the Board of Directors and the Executive Committee, the Executive Committee shall have all the authority of the Board of Directors except as otherwise provided by law, and shall serve at the pleasure of the Board of Directors.

Section 3 . Acts and Proceedings: All acts done and power or authority conferred by the Executive Committee within the scope of its authority shall be, and may be deemed to be, or specified as being, an act under the authority of the Board of Directors. The Executive Committee shall keep the regular minutes of its proceedings and report its actions to the Board of Directors when required.

Section 4. State representatives: State representatives shall be among the Executive Committees. The main duties of State Representatives, is to keep inform all members in his or her State; with any activity presented from the Union, and inform the Union with any activity going on in his or her state; do register all new comers, collect emergency contributions as well as membership fees. All State representatives shall report any required documents to the Board of Directors of the Lou Nuer Union before the conference time each year. All powers or authority carried by each State Representative shall be, and may be deemed to be, or specified as being a power under the authority of the Board of Directors. State Representatives shall keep the regular report recorded in the State file.

Section 5. Electoral Committee: An Electoral Committee shall be temporarily elected during the election. Electoral committee shall be active member, shall be aged between 21 and 50. Electoral committee shall have all the power during the election, shall be honest and accurate in all acts applied to the vote cast.

ARTICLE 5: OFFICERS
Section 1. Officers of the Lou Nuer Community shall be, 1. President 2. Vice President 3. Treasurer 4. Secretary. 5. Information, 6. Women Affair, and 7. Youth Coordinator. The Board of Directors may from time to time elect or appoint such additional officers as it may determine. Such additional officers shall have such authority and perform such duties as the Board of Directors may prescribe.

Section 2. Election of Officers: Except as provided by law, or the majority of the general assembly; a Lou Nuer community president candidate, shall be an active member for two years, possess at least a high school or two years degree, aged between 30 and 50, committed to obey the laws of the community. All other candidates who chose to run for any of the officers' position in the board of directors, shall posses the followings: Shall be an active member for at least two years, aged between 20 and 50, posses at least a high school or college degree, or qualify to read, write and understand English, agree with community By-laws and objectives. Absent of any of the above requirement might disqualified a candidate from being elected.

Section 3 . Term of Office. The President, the Vice President, the Treasurer, the Secretary, State Representatives, and all other officers appointed to fill positions in the Board of Directors and at the Executive Committee, shall hold the office for three (3) years, unless determined by Law or the Article of Incorporation; the Board of Directors, shall hold office until their successors have been elected or appointed and qualified. Any officer, however, may be removed or have his or her authority suspended by the Board of Directors at any time, with or without cause. If do so, the board of director shall inform the general assembly for the action. The Board of Directors, shall have the power to fill any vacancy, if such office becomes vacant for any reason.

Section 4 . Handing over of the office: At all meetings of the elections of the president, and the board of directors; every candidate who had been elected and qualified for the new office, shall wait at least 30 days to take over the office. According to the law and the agreement of the general assembly. Office shall not be handed over until all new Candidates are present. An office shall be hand over to the new administration, at such place within or without any particular State be mentioned. Office shall be hold by the old Board of Directors, until all new candidates show up at the time and place determined by the Board of Directors.

Section 5. Resignation. Any officer may resign at any time by notifying the Board of Directors, the President or the Secretary of the corporation in writing. Such resignation shall specify the reason why such officer choose to resign.

Section 6 . Duties of Officers May Be Delegated. In case of the absence or disability of any officer of the corporation, or for any other reason that the Board may deem sufficient; the Board may choose one of the Board of Directors to delegate for the time being. He or she may delegate the powers or duties of such office in regard of the member of the Board of Directors.

Section 7 . The President. The President shall be the chief executive officer of the community, shall have the general powers and duties of supervision and management of the community, and shall perform all such other duties as usually pertain to the office or are properly required by the Board of Directors. The President shall preside at all meetings of the Board of Directors.

Section 8 . The Vice President. The Vice President shall, in the absence or at the request of the President, perform the duties and exercise the powers of the President. The Vice President shall also have such powers and perform such duties as usually pertain to the office or as are properly required by the Board of Directors.

Section 9 . The Treasurer. The Treasurer shall have the care and custody of all the monies and securities of the community. The Treasurer shall be honest and accurate in all monies received and paid on account of the community. The Treasurer shall keep all receipts of payments and deposits of the community account. Treasurer shall present a correct statements to the board of directors and the members of the Lou Nuer Community if requested. Any mistreats of the monies and funds of the Lou Nuer Community under the care of Treasurer, shall result in the court law of the United States of America. Treasurer shall sign a check, notes, and drafts of the Lou Nuer community account, Only in presence of President and the Secretary of the Corporation.

Section 10 . The Secretary. The Secretary shall keep the minutes of all meetings of Members and the Board of Directors. The Secretary shall attend all meetings of the Board of Directors, whether by mean of conference phone or in person. The Secretary shall keep the general file of all active members and be responsible for those who pay only half or did not pay their membership fees each year. The Secretary shall collect money from any member who did not pay his or her membership fees, at the entry of the conference room each annual meeting. Secretary shall also perform such other duties as ordered or required by the Board of Directors.

Section 11. Information Officer: An information officer shall issue the notices of all meetings of Members and the Board of Directors. He shall be responsible for informing members in all kind of emergency meeting and contributions. An information officer shall keep the record of all members, such as addresses and telephones, in file for him or her to make easy contact to each member at such time. An information officer shall perform such other duties as ordered or required by the Board of Directors.

Section 12. Women Affair: Women affair shall be in charge of all women, and be an active member. A women Affair shall work closely with women and the board of directors. She shall present women complains to the Board of Director, and bring all women into the consideration of the community activities. Women Affair shall perform such other duties as ordered or required by the Board of Directors.

Section 13. Youth Coordinator: A Youth Coordinator shall be a president for youth, but must be an active member registered in the Youth file. Youth coordinator shall be responsible for youth situations. He or she shall report the number of the youth to be graduated from high school each year to the Board of Directors. Youth coordinator shall work closely with the Board of Director or community's Union. A youth coordinator shall perform such other duties as required by the Board of Directors.

Section 14. Officers Holding Two or More Offices. Any two or more offices, except those of President and Secretary, may be held by the same person, but no officer shall by him/herself act as having power over such office unless supported by two or more officers of the community or by the general assembly.

ARTICLE 6: CORPORATE FINANCE

Section 1. Money into Lou Nuer Union Account: All Lou Nuer Community money shall be deposited into one place named as such a " Union account" as agreed by a majority of the general assembly. Money from all states, any sources of community activity, or membership fees, shall be deposit into the Lou Nuer Union account. No State shall open a separate account, or do any activity in the name of community, unless specified by this by-law. Violation of this article shall result in a State doing such activity being sue by the Community.

Section 2: Funds: All funds of the Lou Nuer community shall be deposited in its name with such banks, trust companies or other depositories as the Board of Directors, and the general assembly may decide. All checks, notes, drafts and other negotiable instruments of the corporation shall be signed by the President, Secretary and Treasury only. No officers, agents, any member or members of the community, alone or with others, shall have the power to make any checks, notes, drafts or other negotiable instruments in the name of the community unless if provided by these by-laws, the Article of Incorporation, or by the general assembly. Any officer or member (s) who violate this section " 2" of Article 6 shall be placed under a small claim court of the United State, thereby, except as provided in this section of these By-Laws.

Section 3 . Fiscal Year. The fiscal year of the community shall be the calendar year unless otherwise provided by law or the Board of Directors.

Section 4 . Loans. No loans shall be made by the community to any of its members, directors or officers, unless determines by the Lou Nuer Community's general assembly.

Section 5 . Gifts. The Board of Directors, the Executive Committee or any authorized officer, or members of the community may accept on behalf of the corporation any contribution, gift, bequest or devise for any general or special purpose or purposes of the community.

Section 6 . Income from community Activities. All income from activities of the community, including fund raisings, and simple contributions, shall be applied to the maintenance, expansion or operation of the lawful activities of the Lou Nuer Community.

Section 7. Action against officers: Any officer, director, or member (s) who shall misused community funds or monies without member’s consent, shall be charge in the US court of LAW; no acception, such officer or a member will also be dismissed from the community, depending on the level of action taken against him or her.

ARTICLE 7: CORPORATE ITEMS
Section 1. Community Seal. The seal of the Lou Nuer Community shall be keep by the president, Secretary, or by any person be determined from time to time by the Board of Directors.

Section 2 . Community Website: Website is a device tool that advertise community's name and its activities; it is also a way to facilitate members from knowing each others worldwide.  The website shall be operated under the authority of the Lou Nuer Community's new chairman and the Board of directors. The board of directors and the chairman, shall decide whether to disconnect the website at any time.

Section 3. Choosing a Webmaster: Lou Nuer Community chairman and his board of directors have the power to chose any one to maintain the community website. A webmaster shall, or might not be permanent, depending on the quality of the web, or the decision made by the President and the board of directors. The board of directors, from time to time shall decide to chose or replace the webmaster at any time.

Section 4 . Forums. There shall be a web discussion board for members to discuss the community activity and development. If in case, a web participant violate the rules of the website, such a member shall be banned without any notice. No one shall be held responsible for the act, whether a webmaster, President or any member of the board of directors. A webmaster shall ban any one only with consent of the Board of Directors, or by agreement of 3 or more web participants.

Section 5. Pres-releases and Letters from the Community. Lou Nuer Community in the US, or Diaspora may write a letter or Press-Release based on the protection of its members. The Release will be written base on the agreement of the majority of the members, and or to the cause of what pushes the community to respond or write a letter. The letter will be evaluated by the Lou Nuer Community Board of Director, and the Executive body before it is submitted online. Individuals may write their own letters, but when includes the name of the community shall understand the best interest of the Lou Nuer community. 

ARTICLE 8. AMENDMENTS
Section 1. Procedure for Amending By-Laws: By-laws of the community may be adopted, amended or repealed at
(a) any time, in the meeting of the Membership, notice of which shall have included specification of the proposed action, by the vote of a majority of the Members of the community or,(b) at any meeting of the Board of Directors,Notice of which shall have included specification of the proposed action, by the vote of two thirds of the entire Board of Directors; provided, however, that if any by-law regulating an impending election of directors is adopted, amended or repealed by the Board of Directors, there shall be set forth in the notice of the next meeting of Members for the election of directors the by-law adopted, amended or repealed, together with a concise statement of the changes made.

ARTICLE 9: DISSOLUTION
Section 1 . Dissolution. In the event of dissolution or liquidation of the community, the Members of record shall receive pro rata the assets of this community remaining after;

(a) return of those assets held upon a valid condition requiring return, transfer, or conveyance, which condition has occurred or will occur,

(b) disposition of those assets held in a charitable trust in compliance with the provisions of any trust under which such assets are held,

(c) payment, or adequate provision for payment, of all taxes, penalties, debts, and liabilities; and

(d) other provisions under applicable law.

Article 10.Conclussion: -

Explained and Approved on Saturday, 1st Day of July 2006, by the Lou Nuer Community's General Assembly in the witness of:

1. Mr. Kueth David Yul. Lou Nuer Community's President
2. Ms. Sara Nyabuol Lul Vice President
3. Mr. Paul Ruot Chol, Treasury
4. Mr. Toang Gatkuoth Buom, Secretary
4. Ms. Elizabeth Chol Gatwech Chan, Women Affairs
5. Mr. Tut Wuor Gatkuoth, State Representative
6. Mr. Thiay Liah Kuny, State Representative
7. Elder Stephen Yak Reath, State Representative
8. Mr. Puoch Biel Thong, State Representative
9. Mr. Riek Yoah Rui  Committee
10.Mr. Banak Mading Kueth, Committe

The Lou Nuer Community Development International Inc.